The president Dina Boluarte faces criticism for the delay in enacting law 9733, which reestablishes preliminary detention in cases of non-flagrant detention. This measure, approved by Congress and sent to the Executive twelve days agoseeks to reverse the elimination of said judicial power, but with certain modifications. The lack of action on the part of the president has raised questions about her commitment to the fight against crime and corruption.
Law 32181enacted on December 11, eliminated the possibility of preliminary detention without flagrante delicto, limiting the tools of prosecutors and judges to act in complex cases. Faced with criticism, Congress approved a new rule to restore this legal figure, but its implementation depends on presidential promulgation. Boluarte’s inaction has sparked speculation about possible political motivations behind the delay, especially considering recent cases involving officials close to his administration.
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What is the new law 9733 that has not been approved by Dina Boluarte for 10 days?
With 79 votes in favor, 8 against and 0 abstentions, the Congress Plenary approved bill 9733, which seeks to restore preliminary detention in cases of non-flagrant detention, but with the modification in literal a) of numeral 1 of article 261 of the New Code of Criminal Procedure, Legislative Decree 957. The proposal was exonerated of second vote.
“The judge of the preparatory investigation, at the request of the prosecutor, issues a duly reasoned resolution, taking into account the actions submitted by him, and issues a preliminary detention order when there is no case of flagrante delicto, but there are reasonable elements to consider that a person has committed a crime punishable by a prison sentence of more than four years and, due to the circumstances of the case, there are reasonable indications of the possibility of escape or obstruction of the investigation of the truth”, it can be read in the project.
